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(영문) 광주지방법원 해남지원 2019.05.30 2019고단90
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on February 27, 2019, the Defendant performed drinking together with other daily behaviors, including the victim D (year 51) who is a workplace club, in the “Cdan 2” room in Yado-gun B, Namnam-do, and took a dispute with the victim, the Defendant used beer disease, which is a dangerous object on his customer, and caused the victim to have a frightt of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 3), and to report internal investigation (Evidence List 4);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], six months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, and suspended execution for one year is that the crime of this case was committed by beer disease, which is a dangerous object of the defendant, and the risk or result of the crime is not that of the crime.

However, the defendant's mistake is against the defendant, and it seems that he/she has committed an accident in the dispute due to influence of alcohol.

After committing the crime, the defendant paid 4 million won to the victim, and the victim did not want to punish the defendant.

There is no record that the defendant has been punished beyond a fine.

Defendant. Other defendant.

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